(1) The date when a patent application, accompanied by a specification and necessary drawings, is submitted to the Commissioner of the Korean Intellectual Property Office shall be deemed the filing date of the patent application. In such cases, the claims may be omitted in the specification, but the description of the invention must be stated in the specification.
(2) If a patent applicant fails to state the claims in the specification initially accompanying a patent application under the latter part of paragraph (1), he or she shall make an amendment to state the claims in the specification by not later than one year and two months from the date specified in any subparagraph of Article 64 (1), whichever is relevant: Provided, That upon receipt of a request for examination of the application under Article 60 (3), the applicant shall make an amendment by not later than three months from the date when notice is served, or one year and two months from the date specified in any subparagraph of Article 64 (1), whichever comes earlier.
(3) If a patent applicant fails to make an amendment under paragraph (2), the applicant shall be deemed to voluntarily withdraw the patent application on the date immediately following the expiration of the period specified in paragraph (2).[This Article Newly Inserted on Jun. 11, 2014]